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To strengthen my legal stay in US, I am planning to file my asylum case and get married to a US citizen, both in parallel.
Anonymous5 views5 answers
I'm currently on B1/B2 visa and i'm staying in Houston, TX. It's been 2 months that I'm here. Firstly, I intend to file my Asylum case on the basis of religion; and just 1-month later me and my girl would get married with each other (she is a US Citizen). With this, it would be 3 months in US after which I had married her. I didn't know her before coming to US and also I had no intentions to come in the US for marriage. I came here on a conference and for general tourism. The reason I'm filing for asylum and marrying a US citizen in parallel is that I want to strengthen my legal stay in the US. In case, Asylum gets denied, we would already have filed I-130 and AOS which will of course be a lot before getting a denial on my asylum case. Is this strategy fool proof, or it can be improved?
It does not strengthen your asylum application to marry a US citizen. Nor does it strengthen an I-130 petition for alien relative, to have filed for asylum. Filing for asylum and marrying a US citizen within 3 months of arrival does suggest that you never intended to keep to the terms of your visa. Unless you are truly in danger of persecution, you did not accomplish anything positive by filing for asylum. And unless your marriage is in good faith, with intent to live a life together with your spouse, you are looking for trouble.
No it is not fool proof. Your marriage must be in good faith and not to obtain immigration benefits, from your statements that is unclear at best. Moreover, you need to work with an attorney. Simply look at the statistics 87% of pro se asylum cases are denied. If you are working with an attorney you should be discussing this with them, if not hire one and nothing is fool proof with immigration.
Regards,
Nick Misiti
Misiti Global
212 537 4407
Asylums cases are hard. Based on the facts you have outlined it seems better if you wait before any application. Enter only into a bona fide marriage. USCIS will look at the length of dating, how you met, how shortly after the marriage occurred etc. What you have described does not sound bona fide. If you intend a valid marriage, there is no need to rush as the fact that you overstayed would be overlooked in adjusting status in a valid marriage to a US citizen.
Natalie Hall, Es.q.
The Law Office of Natalie D. Hall, P.A.
www.ndhlaw.com
I agree with my colleagues, be very careful as you can be found to have filed a frivolous Asylum application and could also potentially be found to have entered a marriage in order to obtain immigration benefits which could lead to a denial and/or possible criminal charges based on marriage fraud.
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